A
THE OMAKA SUNDAY BEE: MAY 12. 1012.
Nebraska
j ; ; : ;
Nebraska
1 ' I I " mm i ii ib 1 1 i
.Nebraska
KEARNEY COMPANY FIGHTS
State Board of Irrigation listens to
Evidence in Case.
VAIUE OP THE APPROPRIATION
K'w Cwsssaa'lr I. .I.t Adssmtaa
M ot Urea Takra of later
law Uaveralaa; Water
Rights of Stat.
(From a Staff Correspondent.)
LINCOLN. May ll.-tSpecial.) The
State Board of Irrigation heard today the
application of the Kearney Uglit and
Power company to have adjudicated lt
rights to water from the Platte -river.
Interfiled participants In the hearing are
all of the irricaticn companies on the
upper reaches of the Platte river and In
volved in the proceodini:. it is asserted.
is the future ..r irrigation in the Platte
valley above Kearney, for these irriga
tion companies Insist that If the right of
tha Kearney company 0 priority in the
amount of water claimed Is allowed there
will bo no water fur irrigation purposes
aoove that point in tha season of the
year when most needed. 'Die Kearney
company, on the other hand. Insists that
if the irrigation companies take all the
water, a It is said they did in 1910 and
Mil, a plant constructed by the Kearney
company at an expense of HOi.000 will be
forced to us steam power during a num
ber of nivntns each year.
Kearney Company's (lain..
The Kearney company claims the water
by right of prior appropriation. Inslstlne;
that Its work was commenced In WSJ.
was prosecuted diligently to completion In
HSS. and that It has been used continu
ously since for both power and irrigation
purposes with the exception of the years
V0$ and 1907, when the company was In
the hands of a receiver and a break In
the ditch, which the receiver could not
repair rendered It inoperative. The com
pany further asserts and Introduced testl
money to slion tliat there had never
been any serious shortage of water until
the years 1910 and 1111 and allege this as
a reson why the compny ha never pre
viously appled to have Its rights adjsdt
cated under the Irrigation law of 1X93, but
had relied upon Its rights under the law
ot appropriation and use. They now ask
to have them adjudicated as of die of
VH, when work ws commenced on the
project and which antedates the filings
of irrigators further up the stream, who
have been operating under appropriations
of water made by the Slate oBard of
lrtigtlon.
The Irrigation companies allege that
when the law of 1S95 became operative
nil users of water were given a hearing
md on the strength ot facts brought out
in those hearings the board appropriated
she water tintl that subsequent appro
bations have been made In the same
manner. They Insist the Kearney rom-
Mny dil not avail Itself ot this oppor-
Besides looking
fight my suits
feel right,
That's the real
test of a good fit.
Suits to order $25
to $40,
WILSON
MacCarthy-Wkon Tailoring C
SO4-0O6 Boats) Slxteeath M. ,
WHO
CANE
TELL
WHO
WANTS YOUR
HOUSE. FARM
or COTTAGE
for the coming season
if yon do not ear to
occupy it?
Doubtless there are
many desirable fami
lies who would be glad
of the opportunity to
lease it if they only
knew you would rent
if Why not advertise
in The Omaha Bee and
allow others to enjoy
the beauties of Its lo
cation while you are
elsewhere? An an
nouncement in the
classified columns of
The Bee will put you
in touch with suitable
. persons. 1
MAIM DO gSb
pii.i.rr a
Josephine Le Fevre Companj
rimsasipms. n.
,Hl bv Beaton ir.g tna Bell Drug
o and tbe Bfe-tt Company. Omaha.
tunity to havs Its own rights adjudicated
or to Interpose objections to the allowance
of water to others and tliat it cannot
come In at this late day and ask to have
its appropriation revert to ISM. The
amount of water which testimony of tha
Kearney company witnesses show flows
through its canai and which they need, is
W Inches per second, and this the irriga
tion companies insist would render tltelr
works up the river valueless or at least
greatly decrease the amount of land
which could be ungated. The real con
troversy Is over the water In tlie months
from June to September, at other times
there being plenty for all.
During the morning session ths
Kearney company Introduced testimony
to ahow the ditch was commenced In
1; and six miles completed that year;
that the entire ditch, sixteen miles long,
and reservoir wss completed in 1S8C
and that the power plant was com
pleted in 18ST. and that with the excep
tion of ths two years bad been used
continuous-:.' for both irrigation and
power. On cross-examination the Irrl
gation companies sought to show- that
the use for irrigation much of the time
had been experimental and not of a
practical cort.
W. J. tjcoul. manager of the power
company, said there wss at prevent In
operation a water wheel developing SOS
horse power, to which w as attached a
4t) horse power electric generator, the
power from which was all being mar
keted, for the operation of which he
aaid 140 inches of water were needed.
He also testified the ditch waa capable
of carrying 400 inches, all of which tt.e
company would need in Its business.
K. C Calkins of Kearney was the
other witness for fhe power company.
and he recited the organisation of ths
original company, the changes through
which It hsd gone and the construction
of the plant
Testimony waa Introduced to show that
the company hsd never hsd any notice
of the appropriations of water further
up the stream, and that until the short
age ot water In in Its officers did not
look the matter up. but had relied on
their appropriation of ths water In 1W3
to protect thetr rights.
The state, which owns sa Issus o'
Douglas county bonds due this year, has
consented to extend the time of payment
one year. It appears the county board
made arrangements to take up I7S.W
worth of bonds under the Impression that
was sll which came due this year, when
in fact there was li.") due. Hslf of
this smount will be redeemed and the
other J7E.000 carried by the state until 191'
The grand lodge of the Kirhrht of
Pythias meets In Lincoln Tuesday and
Wednesday of next week.
Captain Tlbbetts ot the general staff
of the United States srmy la In the city
Inspecting the university cadets. Last
evening he was the guest of Major Peen
of the army, assigned to the National
guard of the stste, at an informal
luncheon.
Ths food and drug Inspectors of ths
state were having a conference today
with Food Commissioner Hansen. The
work of the last month was reviewed and
plans laid for the coming month.
Labor Commissioner Guys has returned
from Omaha, where he went to prosecute
a drug firm for violating the law agasftst
the employment of women after 10 p. m.
This company and the others who have
been offending, promised to cease the
practice and the case was dropped.
The federal war department has notl
fled Adjutant General Phelps that the
army maneuvers for this district will be
held this year at Pole Mountain, Wyo.
General Phelps has replied that until he
ascertains how much of an allowance
the general government wll make to the
Nebraska guard he cannot say whether
this state will be sble to participate.
The guard has never been overburdened
with money and the fire which destroyed
the armory of the Omaha companies and
their equipment has still further de
pleted Its resources.
Colonel R W. MeClaughry, warden of
the big federal prison at Leavenworth.
after his visit to the Nebraska prison
yesterday, expressed himself as surprised
at conditions he found there. He said
that as a general thing after such an
episode as that In which the warden and
two others were killed It requires a long
time to get matters back to normal and
that prisoners are generally unruly and
sullen for a year. It was surprising to
him to find practically no evidence of the
occurrence In the daily life and demeanor
of the prlsioners. He said it was appar
ent Warden Mellck and his assistants
had matter well In hand, but added that
eternal vigilance was the price of safety
in a prison, and even with the greatest
of foresight and the moat thorough dis
cipline the men would sometimes get
away from control. He said he agreed
with the local officials that a new dining
hall and kitchen were badly needed and
much could be done If the money was
available for tbe physical Improvement
of the Institution.
Residents -of Lakeview are exercised
over the actions of a strange man. who
has been In that section of the city. He
walks Into houses unannounced, speaks
to no one. and goes through the nouses
and out the back door. When the police,
who had been sommoned. arrived the
man had disappeared. Those who ob
served him said his clothing was wet
and apparently he had been wading In
a lake in that vicinity. There is no clue
to his Identity.
Mrs. Arthur Kock of Hickman waa
bitten on the hand by a rattlesnake while
engaged in picking up cobs. Her am
waa badly swollen, but prompt medical
treatment saved her life. .
August Druss. an Inmate of the hos
pital for the insane, disappeared from
the Institution yesterday afternoon and
was not located until this forenoon.
when he waa returned to the institution
Be waa no considered dangerous and at
the time of his escape had been working
on the lawn.
William Eege is
Found Guilty of
Manslaughter
PENDER. Xeb.. May ;.-The jury in
the case of William Flege, accused ot the
murder of his sister. Miss Louise Flege,
returned a verdict of "guilty of nun
slaughter" at 1 this afternoon after de
liberating twenty hours. The penalty n
one to tea years in prison.
At his first trial Flege wss convicted
of murder In the second degree and given
a life sentence.
Louise Flege was murdered on June IS.
1!. at the Flege farm near Ponra. Wil
liam Flege la a wealthy farmer.
CUTTING OUT "PHOSSY JAW
Deadly Ptstpsersi la Making at
Matches Oetlawed by
Cemtjrea.
The most ghastly of all occupational
diseases" will be driven from the United
States If the seuate concurs In the
anti-phospborua bill passed by the house
last week. The measure hss the specific
approval of President Taft, and was
voted for by practically all the repub
licans in the bouse, so that the chances
for Its enactment appear to be bright.
Yellow phosphorus, used In the manu
facture of the common "parlor matches."
is one of the deadliest poisons known to
chemistry. It does not bring speedy
death, unlets taken with suicidal intent,
but it slowly and Insidiously gains the
mastery over the men and women who
come in daily contact with it in the
match factories. There Is so Httle op
portunity to avoid the dangers that even
in the factories where the greatest pre
caulons are taken it Is estimated that W
per cent of the women, U per cent of
the children and 44 per cent ot ths men
workers are exposed to the peril.
Slow phosphorus poisoning Is of two
kinds. The commoner kind Is known as
phoephorisme, which Is In Itself deadly
enough. But It Is nothing when com
pared with the horror ot carles ot the
lower Jaw, a disease which arises from
constant exposure to the fumes of yellow
phosphorus. This affliction cause tha
gums and lips to ulcerste, the teeth to
drop out. and finally brings about a com
plete rotting of the Jawbone, so that
amputation and frightful disfigurement
are necessary.
Recognising the needless cruelty of the
sacrifice of lives in this manufacture,
all European countries and even Japan
legislated agalnat the phosphorus match
years before sny serious agitation waa
started in America. Such prohibition
does not necessitste the use of potassium
chlorals, or "safety" matches; the "strike
anywhere" match is manufactured from
other materials, notably the sesquisul
phlde, which is a French Invention.
The Diamond Match company, known
as the "trust," has held American rights
on the sesquisulphlde patent. In the In
terests of humanity, and without any
hope of gain, this concern has recently
relinquished Its exclusive rights and lias
given free permission to all other manu
facturers to make us of tha chemical.
To change from yellow phosphorus to
sesquisulphlde does not even necessitate
the change of any apparatus In the fac
tories. It does, however, mean an In
crease of about ( per cent In the cost
of material, and for this reason there
has been strong interested opposition to
the passage of the yellow phosphorus bill.
There are some Industries In which
danger to workmen la unavoidable. But
in manufacturing matches there has been
no excuse for the horror that has lasted
in America long after It hss been driven
from other countries. Cleveland Plain
Dealer.
ww TS ni 3 U,ton deimmds liule hardware findings to repair or
rlOUSv ICCiniriCJ lIITlw put in good condition a piece of furniture.
Our kitdiouware department offers the largest and most varied stock of furniture, hardware and accessories to
be found in the AVest.
GET OUT OF THE RUT
What Rank Clerk Did ' Wssea
Forced to Lawk far A -ether
Job.
THE SECRET IS OUT
SEE PAGE 8 I
MAGAZINE SECTION ,
TODAY j
Norfolk Policeman
is Shot in the Leg
NORFOLK. Neb.. May ll.-M'staken for
a burgle Policeman W. J. O'Brien was
shot In the leg early today by V. 8. St.
Claire Mitchell, a traveling salesman.
Two prowlers had seen seen in the neigh
borhood and Mitchell had been appealed
to by telephone for aid. He started out
ant snowing tbe police bad arrived. When
he saw two men la the dark be opened
fire, shooting five times. P. A. Shorts,
a prominent ertlsen with the policeman
was unhurt. O'Brien will recover.
Tel: sUxuauU Kset at at, Fwal The
eighth annual meeting of the Associated
Western Tale club will be held at St.
Paul and Minneapolis May 3 and 3C
Ambition on the part of my wife and
the fact that I lost the position to which
I had been clinging with all of my force
for many years were ths causes which
led to my regeneration In a business
sense and to the making ot my fortune.
More than anything else, It was the
ambition my wife possessed which led to
the change. It waa this ambition which
caused the loss of my ' position and
changed my whole life.
I was a high school graduate and after
finishing school I was employed aa office
boy In one of the largest banks In Chi
cago. I was ambitious and worked my
best, being In the place of a minor clerk.
As office boy I received S6 a week: as
clerk. Ill Then I got married. My
wife and I decided ws could live on 11
a week. That waa fifteen years ago, and
as the cost of living waa low at that time
we managed to pull through, but only
with the strictest economies by my wife.
Then I settled down to the rut of cleri
cal work. I waa valuable to the bank
in that capacity, but was not allowed to
attempt anything except the details of
figure. For yesra I struggled on In the
same position and had become a human
adding machine, with no ambition except
to hold my place and receive the weekly
nay.
My wife was doing all the housework,
even to washing tbe clothe, sad waa
attempting in every way to save money.
There wsa little enough at first, but with
the arrival of tbe children there was
still less. Driven to the limit of her ef
fort to make the household expenses
come down to the amount available, my
wife often urged me to demand more
saury, but I was afraid to make the
request lest my employers take away
what little Job I had. One advance had
been given me and I finally waa getting
M a month.
This condition existed until I was 40
year old. Then cam the deciding mo
ment. Through a friend I- learned that
a certain man wanted to buy a piece of
land. I waa acquainted with ths owner
of the plot, and brought them together,
made the deal and received a com mission.
It was not a large commission, but I
waa elated ever It until, severs! day
later, ' I was summoned to the office of
the chief accountant of ths bank and
given a "call don" tor doing business
outside the office.- Angered and humil
iated. I went home that night and told
my wife of the trouble. Mie wa even
angrier than I waa and pointed eut to
me the number of time men had been
pushed over my head to better positions.
Ia vain I told her they were better men.
that they had been chosen because they
possessed executive ability or possibly
on account of "pull." For the first time
in our married life she was angry with
me personally, and we hsd our Drat spat.
Worn out by years of, struggling against
adverse conditions, she kit loo tbe
thoughts of her heart, berating me and
CASTER CUPS To protect
hardwood floors and carpets
from heavy furniture: cork,
felt and celluloid bottom and
al! glass. Price per set of four,
35c to 75t
CUPBOARD AND WASH
STAND KNOBS - Brass
plated, celluloid, brass and
wood and all glass, from "hi
each to 95c
IVORY SILVER POLISH
litirge size bottle 25c
CAMPHOR FLAKE To pro
tect fabric, carpets and
rugs, per package 15c
GUARANTEED GARDEN
HOSE The good service
able kind, a foot, 10c to 21c
LAWN SPRINKLERS
From 40c to Too
LAWN MOWERS$-4.50 np
to $25.00
DANDELION SPADES
From 20c to $1.00
vivy
Crtavn.-iltJl
DRESSER HANDLES
Brass plated, all styles, each '
from 15c to 20 "
inoMKS OK MLKMT The best
and most practical sliding shoe
for dining, office and library
chairs, all si tee. the set of 4, 15
CASTKKS All kinds t H AIlt Til's All sites
and sixes. Per set, of leather, rubber and
from l&c felt, her set of 4, U'c
to $4.00 o 36t
DIAMOND FELT CASTERS The new
improved ami easy naming caster will
not mar hardwood floors or damage car
pets or rugs. Composition wheels all
sixes, per set $1.00
l.K.tTHKK WHKKIi CASTKHS All sites, rang
ing from, per set, $1.25 to $2.tU)
CLASH WHKKI. CASTKKS Per set, 5J1.25
CHAIR SEATS -
Perforated, all
8i7,es, from 9c up
to 45c
Imitation leather, 10c
. IT.
I - . ."i," I -s7
1 ""cT"" J Genuine leather from
J H.oo to ..81.80
FLOOR A&D POLISHING MOP Oil
O-Cedar. each $1.50
GAS STOVES The orifrinal and only
Detroit Jewel. Uses less gas than
the average gas stove. All working
parts can be very easily removed for
cleaning. Prices up from .... $9.00
Thermatic Fireless Cooker Demonstration
Every day this week. Fireproof metallic cabinet, collapsible baking rack, aluminum utensils, antoraatio
release valve, cork and magnesia insulation, all go to make the Thcrmatic popular. Come in any day and let us show
you what the Thermatie will do.
Substantial Dining Suite
Colonial Designs'Pumed Oak
Moderate price and excellent value all items exactly
like patterns.
ESCUTCHEONS, for dresser
drawers, bookcase doors, etc.
Each from 5c to 20c
HAMMOCK HOOKS -The
pair, lot and 20c
, UtiauMwtsis'
IVORY FURNITURE POL-
ISH The ideal polish for all kinds of
furniture and iudoor woodwork.
Price per bottle
CHI-NAMEL Floor finish in cans, 10c
to '. $3.50
FLOOR WAX Johnson 'a and Old Eng-
glish,50cto $1.00
SHELF SUPPORTS Several interns,
dozen ...5c
COAT AXD HAT
HOOKS Wire
hook. bitch
enamel, dot., 15
Brass plated coat
and hat hooks,
ea.. 40c to 91.25
udmm miaous
Ths pair So
Ssvaaa KJIOBS K..r
Iran anl brssa hsds.
tron 0c a set nf
four to N-00
Don't fail to see our bargain tables
of kitchen utensils. Hundreds of arti
cles for ever)' duy use at half price
consisting of graniteware, tinware
earthenware all go at half price.
BROWN DAISY CHEMICAL M0P
each, 50c to $1.00
BATH ROOM FIXTURES-A large
and varied assortment of all the lat
est and best fixtures for bath room
nse, including opal and glass. Inspec
tion invited.
iE3
U, a ' -II
I
BUFFET Five feet long, largo DININQ TABUS !ttound top, 48 Tches in diameter,
linen drawer ana oiner conven- 8-foot extension $6 00 rwNA cabinet single door
ient compartments .... $49.00 DINING TABLE Round 'top," 54 inches Vn diTmr'ter, ihL0
BUFFET 66' in. long. .$60.00 t $33.00 Ja W
DINING CHAIR- Full box frame, Spanish ARM DININQ CHAHt-Spanish ,
lthT seat 51.50 th( S8.00
rincmtr1C The Ilerrick dry cold air system preserves provisions. Opal, White
ncii lyci aiui & Enaaid nild BJ)rucef up from
Orchard & Wilhelm Sarpet So.
the ofrtdsJa of ths bank, and wtndinf up
with th demand that I quit at one.
armed that there was nothing else
I could do: that I ws fitted only to b
a flfurer nd that If I had any latent
ability my shrewd employer would hav
sen It long aco and advanced me to then
own advantage. But her ballet In my
ability waa greater than my own. She
Indited I wss worth more than th bank
paid mt: that I wa occupying my lowly
Job only because I lacked the Initiative
to push myself, and ssld she would risk
hunger on the gamble that I cotld do
better.
Had It not been for the bitterness which
still rsnkled aa the result of th "call
down" I would not hav listened to her,
but finally I accepted her challenge, pro
vided the told me what bualnes to tsue
up. Her answer wa "real estate," and
then the recalled the tuccet of my first
venture, pointed out the larg clrcl of
acquaintances I had formed, many of
them with money, and argued that I
should at least ftiv It a trial. I could
return to clerical work If necessary, she
said, hut she hoped I would not be forced
to. Again I raised th argument that I
wa not competent, end, at usual, she
won.
Thus, st . I gave the bank a week's
notice and quit, deciding to start life over
again. I wa not experienced enough In
the real estste business to demand a
regular position with a large firm, except
as an accountant or bookkeeper, and to
this my wife would not listen. Our final
decision wsa that I try work on com
mission. My wife would hear of nothing
except that I try the largest concern. I
did so and they decided to give ml a
chsnce.
In less thsn a year I had put through
several large deal and a number of
smaller ones. Th reel estste firm o'fered
me a sslsry. which I refused. Two years
later there came a Changs In tti firm
and I was offered a partnership. This
I took and today my wife and I can af
ford the pleasure which were denied us
In our younger life.
following this my wife and I had th
second epat of our lives. This wss when
I Insisted that she employ maids to take
the housework off her hands. She JM
not want to. but in this coneti I was
victor. The third, and I hop, final apat
waa when I wanted to get an auto to
provide fresh air for her and th kiddle.
In my work among men I had learned
the flgh'ting spirit as wall as other things
and for the second time In my lite I
waa victor over th wire. When w are
eut riding I spend much of my time
thinking what the result would hav been
had I eon in the first spat Chicago
Tribune.
BRIEF CITY NEWS
Slavs a, Mat U.
M. at, Clark, stans. Itth and Douglas
Bleetrle Sals Dryers, Burg-Orandn
Ailsa Bays a Boas D. a Allan,
storekeeper at th Union Pacific war,
house, Eleventh and Mason streets, has
bought a home at II? South Thlrty-sev.
enth street from John at. Sturgeon. Tbe
residence changed hands at SS.ttJO. the
Armatrong-Walah company negotiating
th rale
Bobrta ftoe to Llaeola Nathan
Robert hat accepted a position aa secre
tary to the Nebraska Hardware Dealer
and insurance association, with head
quarters at Lincoln, and la disposing ot
hi business Interest In Omaha. Mr.
Roberts' family will move to Lincoln as
soon at arrangements can be made to
take care of their property here.
Key to th Situation tMe Advertising.
FARMERS USE POTATOES
FOR BUYING AUTOMOBILES
I "Much hss been said and written aa to
the way farmer have taken to the auto
mobile during the last few years. The
purchasing of automobiles ws taken as
th best sign of prosperity In th rural
districts," says F. R. Rump, assistant
general manager of the R-C-H Corpora
tion, "but It wa not until last fall that
Aroostoi-k county. Maine, and the south
ern pert of New Jersey gave evidence of
Its prosperity by uto buying. But this
prlng thes districts re listed among
the best territories by sales department
of uto factories.
"Potatoes ar the cause. The dtlxens
are llteraJly turning their potatoes Into
automobile. Aroostook county is the
extreme northern division of Maine; It
sandy soil doe not impress one as being
especially good and. Indeed, the resident
themselves had tbe same idea until com
paratively recently. Last fall, when the
potato crop fell short In many parts of
th United States. Arooetock county was
among th exceptions. Its succulent tu
bers were never better and the yield per
acre was greater than ever. When It
became known that Aroostock county
wss prepared to furnish the country with
splendid specimen of potato Its tarn
grew and the money fairly poured Into
th pocket of th residents. Now
they're buying auto, and we received
an order from our dealer thr recently
asking that three carloads of R-C-H
car b shipped him before May ML with
other to follow and thla to th terri
tory where n auto seemed but a dream
to many of the citizens only a year ago.
i "The circumstances are about th same
In southern New Jersey, only there It
was found that sweet potatoes wen the
best producers and wealth returners."
DR. l""
TODD'S tgj
WAY.
PATENTED TEETH
Why u tbe old st; la
half tooth when you caa get
"rail teeth," like nature's
own?
DR. TODD
403 8RJMDEIS BUILDIK8
Notice to Patrons
Owing to the fact that my
stock was slightly damaged by
smoke as a result of the fire in our
building Tueiday, May 7th, I am
leaving for Chicago tonight and
will return Tuesday with an entire
new stock of woolens.
CHAS. E. M0L0NY
TAILOR
320 South Fifteenth Street
You will find most interesting
reading onsthe want ad pages.
Have you read the want ads
yet today?
it
SI